West Virginia Limits Wrongful Death Suits on Behalf of Unborn Children
- posted: Sep. 15, 2020
The West Virginia Supreme Court of Appeals has previously permitted a wrongful death lawsuit in behalf of a nonviable child still in the womb. Now, the court has curtailed its Read More
Understanding the Duty to Provide Reasonable Accommodations for Disabled Employees
- posted: Aug. 15, 2020
The West Virginia Human Rights Act requires employers to provide “reasonable accommodations” to disabled employees where necessary to allow them to perform their job duties. In a recent decision, the Read More
West Virginia Top Court Declines to Review Claims Commission Decisions
- posted: Jul. 15, 2020
The West Virginia Constitution makes the state government immune to suits against it. However, the state legislature may temper the harshness of that prohibition by enacting bills appropriating money to Read More
Private Employee Fired for Reporting Alleged Criminal Activity Cannot Bring Retaliatory Discharge Suit
- posted: Jun. 15, 2020
Although West Virginia is an at will employment state, where employers may normally fire their employees with or without cause, the state Supreme Court of Appeals has made an exception Read More
West Virginia Supreme Court Tightens Pleading Standards in Wrongful Discharge Cases
- posted: May 15, 2020
West Virginia is an “at will” employment state, where an employer may normally fire its employees with or without cause, but an exception to that rule is when the termination Read More
Federal Trade Commission Proposes Changes to Standards for Safeguarding Customer Information
- posted: Apr. 15, 2020
It is important to protect customers’ private information. Automobile dealerships understand that, as does the Federal Trade Commission (FTC). As part of that understanding, car dealers have been required to Read More
Court Finds Termination of Employment Does Not Contravene the Family and Medical Leave Act
- posted: Mar. 15, 2020
From a distance, when an employer terminates an employee right after that employee takes medical leave under the Family and Medical Leave Act (FMLA), it looks suspicious. And in fact, Read More
Court Upholds Dismissal for Failure to Prosecute in Tobacco Claim
- posted: Feb. 15, 2020
The story is a familiar one for tobacco manufacturers embroiled in litigation: even if you win, the lawsuits keep coming. A decision from the West Virginia Supreme Court of Appeals Read More
Recent Oklahoma Decision Suggests Increased Responsibility for Pharmaceutical Marketing
- posted: Jan. 15, 2020
One of the nation’s largest pharmaceutical and chemical companies, Johnson & Johnson, found themselves on the wrong side of legal history in a recent federal case involving the marketing of Read More
State High Court Rules Employee Failed to Exhaust Administrative Remedies for Wrongful Termination Claim
- posted: Dec. 15, 2019
Pamela Schade was a program coordinator for the West Virginia University (WVU) National Environmental Services Center (NESC). In 2005, Schade discovered that a former employee of the NESC was being Read More
